Supreme Court Modifies Child Visitation Rights, Prioritizing Child's Well-being.


20 December 2024 Child Custody >> Family Law   |   Divorce Law >> Family Law  

The Supreme Court of India has partially allowed an appeal of Sugirtha v/s Gowtham, modifying a High Court order concerning interim visitation rights for a father in an ongoing divorce proceeding. The primary issue addressed was the location of these visits, which previously required the two-year-old child to travel a significant distance every Sunday.

The case originated from a marriage on September 9, 2021, which produced a daughter on June 6, 2022. The appellant-mother filed for divorce in June 2023, citing cruelty and alleging domestic violence, abandonment, and threats from the respondent-father. The parents have been living separately since August 18, 2022.

 
 

In October 2023, the father sought visitation rights during the divorce proceedings. The Family Court initially granted these rights, directing the mother to bring the child to Karur, Tamil Nadu, every Sunday for two hours. The mother appealed to the High Court, arguing that the 150 km distance between her residence in Madurai and Karur (a 300 km round trip) would negatively impact the child's health. She also contended that the father was a "stranger" to the child, having not cared for her since shortly after birth, and that the visits would cause mental agony due to the history of domestic violence and threats.

The High Court dismissed the mother's appeal but modified the Family Court's order, extending the visitation duration to four hours every Sunday for two months, followed by alternative weekends until the guardianship petition was decided. While acknowledging the father's rights as a natural guardian, the High Court expressed disappointment over failed reconciliation attempts.

The Supreme Court, however, acknowledged the mother's limited grievance regarding the travel distance and the child's tender age. It affirmed the father's right to visit his daughter but emphasized that the child's interest and well-being are paramount and cannot be compromised by the parents' disputes. Noting the absence of cogent reasons for mandating visitation in Karur in the lower court orders, the Supreme Court deemed it appropriate to shift the visitation location to Madurai.

The Supreme Court's modified directions are:

  • The respondent-father can visit the minor daughter every Sunday from 10:00 AM to 02:00 PM.
  • These visits must occur in Madurai, specifically in a public park or temple premises.
  • The appellant-mother must be present during these visits, maintaining a distance of approximately 10 feet.
  • The child is to be handed over to the father at the visitation spot at 10:00 AM and returned to the mother by 02:00 PM on Sundays.
  • The appeal was partly allowed to this extent, and the High Court's judgment was modified accordingly. 


Section 26, Hindu Marriage Act - 1955  

HINDU MARRIAGE ACT, 1955